International Extradition

United States Law and Practice

M. Cherif Bassiouni

Covers all aspects of extradition to and from the United States, while making critical, theoretical, and practical evaluations of these aspects, and proposing alternatives

Focuses on the rights of individuals, balancing of states interests, and preservation of world order within the Rule of Law

Constructs a historical framework of extradition practices in the United States

Provides substantive requirements and the grounds of the denial of extradition as well as trial procedures

Discusses the increasing use of non-extradition (unlawful seizure/rendition and immigration)

New to this Edition:

Updates the treaties, laws, and cases cited in the Fifth Edition

New material added, including comparative material dealing with the European Union, and cases involving the United States decided by other countries, and reflected in major decisions of the high courts of the UK, Canada, France, South Africa, Australia, Israel, Italy, and Germany

Continues to expose certain questionable practices of the United States with regards to extradition

International Extradition

United States Law and Practice

Sixth Edition

M. Cherif Bassiouni

Description

This comprehensive guide covers all aspects of extradition to and from the United States, while making critical, theoretical, and practical evaluations of these aspects, and proposing alternatives. The rights of individuals, balancing of states interests, and preservation of world order within the Rule of Law form the conceptual framework of this book. The focus within U.S. practice explores the essentials involved in the executive branches treaty-making power, as implemented through its foreign relations practice, and as scrutinized by the judiciary.

The Sixth Edition updates the treaties, laws, and cases cited with new content, including comparative material dealing with the European Union, cases involving the United States decided by other countries, and major decisions of the high courts of the UK, Canada, France, South Africa, Australia, Israel, Italy, and Germany. As with the prior editions, the Sixth Edition continues to expose certain questionable practices of the United States with regards to extradition.

International Extradition

United States Law and Practice

M. Cherif Bassiouni

Table of Contents

Chapter I. The Legal Framework of Extradition in International Law and Practice Chapter II-Legal Bases for Extradition in the United States Chapter III-Asylum and Extradition Chapter IV-Disguised Extradition: The Use of Immigration Laws as Alternatives to Extradition Chapter V- Abduction and Unlawful Seizure as Alternatives To Extradition Chapter VI-Theories of Jurisdiction and Their Application 557Chapter VII-Substantive Requirements: Dual Criminality, Extraditable Offenses, Specialty, and Non-Inquiry Chapter VIII-Denial of Extradition: Defenses, Exceptions, Exemptions, and Exclusions Chapter IX-Pre-Trial Proceedings Chapter X-The Extradition Hearing Chapter XI-The Review Process and Executive Discretion Chapter XII-Surrender and Miscellaneous Matters

Appendix I-Multilateral Conventions Containing Provisions on Extradition Appendix II-Regional Multilateral Conventions Appendix III-Bilateral Extradition Treaties of the United States Appendix IV-Countries with Which the United States Has No Bilateral Extradition Treaty Appendix V-Countries with which the United States has signed an agreement not to surrender its citizens to the International Criminal CourtAppendix VI-United States Legislation Applicable to Extradition Appendix VII-United States Attorneys' Manual, Chapter 15 Appendix VIII-Content Analysis of Bilateral Extradition Treaties

Table of Authorities

Table of Cases

Subject Index

International Extradition

United States Law and Practice

Sixth Edition

M. Cherif Bassiouni

Author Information

M. Cherif Bassiouni is Emeritus Professor of Law at DePaul University where he taught from 1964-2012, where he was a founding member of the International Human Rights Law Institute (established in 1990), and served as President from 1990-1997, and then President Emeritus. In 1972, he was one of the founders of the International Institute of Higher Studies in Criminal Sciences (ISISC) located in Siracusa, Italy, where he served as Dean from 1972-1989 and then as President to date. He also served as the Secretary General of the International Association of Penal Law from 1974-1989, and as President for three five-year terms from 1989-2004 when he was elected Honorary President.

Since 1975, Professor Bassiouni has been appointed to the following United Nations positions: Chair and then member of the Commission of Inquiry for Libya (2011-2012); Independent Expert on Human Rights for Afghanistan (2004-2006); Independent Expert on the Rights to Restitution, Compensation, and Rehabilitation for Victims of Grave Violations of Human Rights and Fundamental Freedoms (1998-2000); Chairman, Drafting Committee of the Diplomatic Conference on the Establishment of an International Criminal Court (1998); Vice-Chairman of the General Assembly's Preparatory Committee on the Establishment of an International Criminal Court (1996-1998); Vice-Chairman of the General Assembly's Ad Hoc Committee on the Establishment of an International Criminal Court (1995); Chairman of the Commission of Experts Established Pursuant to Security Council 780 (1992) to Investigate Violations of International Humanitarian Law in the Former Yugoslavia (1993-1994) and the Commission's Special Rapporteur on Gathering and Analysis of the Facts (1992-1993); Consultant to the Sixth and Seventh United Nations Congress on Crime Prevention (1980 and 1985); Consultant to the Committee on Southern African of the Commission on Human Rights (1980-1981); Co-chairman of the Independent Committee of Experts Drafting the Convention on the Prevention and Suppression of Torture (1978); and Honorary Vice-President at the Fifth United Nations Congress on Crime Prevention (1975). He also served as Chair of the Bahrain Independent Commission of Inquiry (established in 2011).

Between 1973-1980, Professor Bassiouni served as a consultant to the U.S. Department of State and Department of Justice on projects relating to international traffic of drugs (1973) and international control of terrorism (1975 and 1978-79), and as a consultant to the Department of State on the defense of the U.S. hostages in Iran (1979-1980).

Among the many distinctions and awards he has received are the Nomination for the Nobel Peace Prize (1999); Wolfgang Friedmann Memorial Award of Columbia University (2012); Cook County Bar Association Lincoln Award (2012); Dominican University's Bradford O'Neill Medallion for Social Justice (2011); George Washington University Distinguished Alumni Scholar Award, Washington DC (2010-2011); Washington University School of Law, World Peace Through Law Award (2010); DePaul University Via Sapientiae Award (2009); Hague Prize for International Law (2007); Cesare Beccaria Justice Medal of the International Society for Social Defense (2007); The Medal of the Commission de Derechos Humanos del Estado de Mexico (2006); DePaul University St. Vincent DePaul Society's Humanitarian Award (2000); International Association of Penal Law- V.V. Pella, Champion of International Criminal Justice Award (1999); John Marshall Law School's Lifetime Achievement Award (1999); Defender of Democracy Award from Parliamentarians for Global Action (1998); United Nations Association's Adlai E. Stevenson Award (1993); The Special Award of the Council of Europe (1990); The Secretary-General of the Council of Europe's Award (1984); and the Stockholm Human Rights Award (2013).

He was awarded the following medals: Order of Merit (Cavaliere di Gran Croce) of the Republic, Italy (2006); Ordre des Palmes Académiques (Commander), France (2006); Grand Cross of the Order of Merit, Germany (2003); Legion d'Honneur (Officier), France (2003); Order of Lincoln, Illinois, United States (2001); Grand Cross of the Order of Merit of the Austrian Republic (1990); Order of Scientific Merit (First Class), Egypt (1984); Order of Merit of the Republic (Grand'Ufficiale), Italy (1977); Order of Merit of the Republic (Commendatore), Italy (1976); and Order of Military Valor, Egypt (1956).

Professor Bassiouni has authored 26 books, edited 45 books, and authored 265 articles on a wide range of legal issues, including International Criminal Law, Comparative Criminal Law, Human Rights, and U.S. Criminal Law. Additionally, he has written 14 monographs on such subjects as history, politics, and religion. Some of these publications have been cited by the International Court of Justice (ICJ), International Criminal Tribunal for the Former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR), and the Supreme Courts of: Canada, India, Israel, Trinidad and Tobago, South Africa (Supreme Court and Constitutional Court), and the United Kingdom (House of Lords, Court of Appeals, High Court and Divisional Court of England & Wales, and Scottish High Court of the Judiciary). In the United States, his works have been repeatedly cited by the United States Supreme Court, U.S. Circuit and District courts, as well as various State Supreme Courts. Several of his books and articles have been written in and translated into: Arabic, Chinese, Farsi, French, German, Hungarian, Italian, Portuguese, Russian and Spanish.

International Extradition

United States Law and Practice

Sixth Edition

M. Cherif Bassiouni

Reviews and Awards

"It is remarkable as a first publication to examine comprehensively the controversy over foreign investment through sovereign investment vehicles such as sovereign wealth funds (SWFs) and state-owned enterprises (SOEs). The volume will become a must-read for national and international policy-makers, arbitrators, representatives of host countries, private sector lobbying against SWFs and SOEs as investors, as well as scholars studying the phenomenon. Any reader interested in the activities of sovereign investment vehicles will find something useful in the volume." --Oleksiy Kononov, Czech (& Central European) Yearbook of Arbitration

Reviews for previous editions:

"An important (book) because the author is clearly the leading force in international criminal law. The strength of the book is its excellent policy cases and analyses as well as its many annotations. An important guide for the legal profession to understand a complex area of the law." --Bruce Zagaris, International Legal Practitioner

"This author needs no introduction to anyone versed in international law. The focus is on US practice but is not limited to just US sources for assessing the validity of executive action. Thus, one may glean a useful perspective of not only US practice ...but also expectations arising under International Humanitarian Law as well. Any school contemplating an expansion in its international curriculum should consider offering an extradition elective conveniently premised on this coursebook. Practitioners would do well to include this text in their library of authoritative resources." --ASIL newsletter

International Extradition

United States Law and Practice

Sixth Edition

M. Cherif Bassiouni

From Our Blog

By M. Cherif Bassiouni When Edward Snowden obtained documents as an employee of Booz Allen Hamilton and made them public, the information disclosed was covered by secrecy under US law. That obligation was part of his employment contract, and such disclosure constituted a crime.

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